embarcadero. two innocent victims in front of pier 23 restaurant when they were hit. >> a 12-year-old boy in front of pier 23 was struck in the ankle. >> sky 7 was overhead. paramedics transported to the boy to the hospital. a bullet grazed jessica's brother, danny. >> loud pops we weren't sure what it was. it happened so close and so fast. that everybody just split up, just started to run. >> 45 minutes earlier, a man was shot in the hand at fisherman's wharf. a suspect seen running away towards the water front. shattered glass and two bullet holes can be seen in a window above the scene. >> now, both shootings appear to be random. police did k.not say if they're connected. now, the victims are not related here but everyone, including the 12-year-old boy, will be okay. poli6 urging anyone with information to call them right away. we're live in san francisco, abc 7 news.

>> cornell, thank you. >> sacramento police have made an arrest in a deadly shooting that forced police to cancel the new year's eve fire works show. >> yes. someone at a fight in a bar in old sacramento last night. an employee tried to break it up. and killed. armed security guard on the gunman got into a shootout. >> about 100 people just scattered. >> immediately so, much people were running and falling down. >> mayhem. just scary. >> a security guard and two other people were injured andz;ç a police officer grabbed the suspect as he tried to get away. police have to call off the new year's eve party. it's it through 40,000 people. >> an this new year's day, we turn our attention to continuing battle over the infamous fiscal cliff in the hands in the u.s. house of representatives. >> republicans were balking at the deal. the speaker of the house has not even call forward a vote

yet. >> now, following the fate of the compromise, show this go something. >> this senate passed its compromise fix at 2:00 this morning. it's eastern time. the bill passed with huge bipartisan support. but it's now hung up in the house. as you say, in the balance, tax hike for nearly every working american. >> today, the house speaker huddled behind closed door was his congressional membership. the feed back was concern about a lack of spending cuts in the senate-passed bill. on baner to follow through on the promise. >> the speaker said when the senate acts we'll have a vote in the house. that is what he said. that is what we expect. that is what the american people deserve. >> early this morning the senate passed a compromise with a big majority. 89-8. the deal would extend cuts for all workers earning less than $400,000 a year, and would prevent a tax hike on estates

valued at less than $5 million, and extend unemployment benefits set to expire today, since congress missed the deadline, countries gone over the fiscal cliff, bush tax cuts have expired. but if the house will vote on the compromise, they can retroactively prevent those hikes. today, there was grumbling in the house from both sides of the aisle. >> this agreement represents absolutely the least we could have done under the circumstances. >> fails to address the threat from n.our country,qvn- uncontrolled spending. >> there is little doubt democratic members of the house would support the senate deal if it comes up for a vote, house republicans, however, are talking about adding spending cuts amendments which would throw legislation back into the senate. and frankly, jeopardize the deal. because thursday, january 3, at noon, 112th congress comes to an end and that senate

agreement, it would be dead. >> thank you very much. coming up, during 4:30, abc 7 news will take a look at the fiscal cliff impass on your wall wallet. learn how much the payroll tax increase is going cost you moving on in kinld of a strange situation in san jose. police questioning a naked man who held officers at bay with a sword almost three hours this morning and yelling things like you're going to have to kill me. officers fired a flash bang device to get him to drop the weapon that. didn't work. officers recovered a sword andá÷ an assault weapon they found in his car. the man has been treated for injuries. >> police have launched an investigation after a 51-year-old man was found shot to death on street in downtown gilroy. investigators say the man was shot several times, and they're not focusing on tracking down the dark color sedan seen speeding from the

scene. >> staff and students in sandy hook elementary school in connecticut will return to class on thursday. but in a new location. >> yes. they're going to be back to school for the first time since the massacre to that claims lived of 20 children and six adults. >> families have been visiting the new campus, there is an open house to be held there tomorrow, there will be therapy dogs to try to comfort the kids. >> an attorney who filed a lawsuit on behalf of a 6-year-old survivor of school tragedy has withdrawn the claim. the attorney says he will seek new evidence on security at the school and is reviewing it. he claimed his client suffered emotional and psychological trauma and injury. >> remember this frightening scene from october? that is when 20 people celebrating a bachelor party had to be rescued? now, the

neptune is repaired and ready for inspection tomorrow. >> 25 people have signed up for the come back cruise on saturday. the family who owns this ship just started the business in march, offering wine and beer tastings on the bay. >> right now, pg&e crews are chopping up a massive tree that fell this morning in terra bella place. part of the tree ended up leaning against power lines. did it not disrupt power or cause major damage no. word on what cause that had tree to become uprooted. >> stanford football team playing wisconsin in the rose bowl this afternoon in pasadena. you know that. the cardinals sold 30,000 tickets for the game. >> some wore red today in fact. for some, the place to watch is at the patio in palo alto. abc 7 news is live right now, fans have to be feel gg after the first half. >> yes. you can hear him new. there are two dozen big screen

hdtvs around the area, as you might imagine, there is just one game playing on all of them. >> there has been 13 years since a cardinal has made an appearance at the grand datdy ready for a big win. >> we've been to the fiesta bowl and sun bowl. and it's a culmination. >> coach shaw stepping in where jim harbaugh left off. stanford are six-point faifrt ritz, but with plays like this, the crowd is going wild. >> they're going to dominate. not six points. they're going to dominate. >> this family is rooting for their home team. carolyn is a loyal badger. >> i'm feel gchlgt i know we're under dog buzz this is the third time we've been to the rose bowl, i think this year, we'll win. >> cardinal quarterback has a different outcome in mind,

giving fans plenty to cheer about. >> we thought after anldy left, the football program won't be doing as well, but they've had a great season. is been fun to watch. >> and it's fun to watch right now, in fact with playing well enough, so stanford isn't running away with it. we're going to check back at 6:00 to see hout crowd feels at that time. reporting live in palo alto, abc 7 news. >> so much fun,. 17-14 stanford at the half. >> the rose intol nothing but a side show. but this is the main attraction. the tournament of roses parade. >> yes. young people in blue frr the marching band san jose valley christian high school. performing along with a band from bejing. >> 23 bands participated. with flowers. we have a report from the parade route.

>> marching bands could be heard for blocks. the floats rolled down cal colorado boulevard. 124th tournament of roses left spectators in awe. >> it's wonderful. just more than i expected. >> they watched from high, and low, whether you love horses or teddy bears, rose parade has something for everyone. this first timer had no complaints. >> first time to california and love it. love the beach. i love the food and people. >> coveted sweeps stakes trophy went to dole for the third year. it's active volcano was a show stopper. >> it's pretty cool. i love flowers. and it's, like, aums yum. >> kaiser permanente took home the best steam award. universities of wisconsin and stanford showed off school spirit before the football team squared off during the

rose bowl. every passing float and marching band brought a smile to faces and warned spirits here in pasadena. some made sure they had a front row seat for the show. >> mid owe 40s, toasty, warm. >> the floats left them wanting more. >> this is a doover. i am going to do this again. >> in pasadena, abc 7 news. >> that is fantastic. abc 7 news mike shumann is in pasadena to cover the rose bowl game. you can catch the report on abc news tonight at 6:00 and 11:00. >> warmer than sit here. and is a little bit chilly. >> live doppler 7 shows clear skies. here is a look at our current temperature readings under sunny skies.

into low to mid-50s livermore, current temperatures 48 degrees, milder in santa rosa. overnight tonight it's going to be frigid, freezing cold around the bay area, looking for lows in the upper 20s overnight. livermore, low 30s in other locations and spare the air alert for declining air quality in effect through tomorrow. when i come become this just a few minutes i'll show you where we have a freeze warning in z.a frost advisory in effect overnight tonight. >> thank you. >> still ahead on abc 7 news at 4:00 what a way to bring in the new year, they came into the world at the stroke of midnight. we'll introduce to you some of the 2013 first arrivals. >> also, zynga pulls the plug on several online games. >> you can contact michael finney on facebook.com as well

as on twitter at m finney. >> taking a look at traffic outside, boy this, is a new year's day treat for anyone on the road right now. looking good. larry and i will be back with 1111111g

first baby born in the bay area was born at the stroke of midnight in antioch. and delivered by its family members. we're live at sutter delta

medical center with more on what was an incredible delivery. >> that is right. little harley sparks born here after 12 hours of labor and j]rgg doctor is his own great grandmother. >> i delivered him. >> she couldn't have imagined a better new year's day gift. a new great grandson she delivered herself. >> she came to visit for christmas. and was having contractions so we couldn't send her home. and... she has been laboring fu sunday night. >> when it became clear her son owe would need to be delivered by c section, she proceeded. >> i i was shaking the whole time she. was scared about the c section part. it was less scary knowing grandma was with her. >> at stroke ever midnight, january 1, 2013, little harley

sparks came into the world, he's named after his dad, thomas harley$o sparks. harley weighs eight pounds, two and a half ounces and 21 inches long, his family says he's pretty perfect. >> he doesn't cry a lot. >> yes. >> hopefully, he's not going to cry a lot. >> and that is in the likely to happen, kara never thought this would happen. her first baby, the first born on the first day of the new year. >> no. i would think it would be impossible. to do that. >> but it might be impossible for this family to have a new year's day this wonderful, ever again. >> this will be a new year that will be hard to top. not too many people goat say they goat deliver their grandkids on new year's. ma . this is not the first time dr. stewart delivered one of her own family members. she has done it, well, you

know i won't tell you how many times, you'll have to wait until abc 7 news at 5:00 to find out that part of the story. vile that coming up. live in antioch, abc 7 news. >> can't wait to hear that story. can you tu so much. >> zynga appears to be playing a new game, flashville. the company starting the new year, killing off 11 of the social media games, including game that's won't be around in 2013, fishville, chefville, forestville, mafia wars two, petville allowing use dwrorz seven hill million like buzz only 60,000 daily users. they say they are shifting focus to smart phones and gambling games now. >> an american made vehicle is now the best selling car in the world. ford says the folk jus expected to sell 20 million vehicles. ford saw sales rise by 7% this

year. the company now says it will boost production in 2013. focus is the only car to surpass 2 million sales park since 2007. >> now, it's chilly outside. >> i say cold, you say... chilly. >> chilly now. dwoitsing to be cold later. >> freezing cold. >> really cold. temperatures going plummet in many locations around bait area overnight. there is a live view from our mount tam camera. looking down onto the bay, you can see portions of san francisco and across the bay, it's clear skies right now. it's cold. however you like to characterize it, here is a look in the absence of clouds. we have no precipitation of course, so it's dry out there now.. >> i freeze warning and a frost advisory is in effect. sunny days and a slight chance of showers this weekend. let's talk about the cold snap.

overnight tonight from 11 p.m. to 9:00 a.m. there is a freeze warning in affect. low temperatures 24-28 degrees. a frost advisory for that same time span 11 p.m. to 9:00 a.m. for bay shore lines. low temperatures there will range from 30-34. sensitive plants are at risk. in expou sure to cold air, here is a look at weather systems bringing us current conditions. we have high pressure centered northeast. low pressure south. west producing a cool, dry flow of air, looks like we'll remain dry into the weekend, perhaps, longer. through friday, perhaps longer if no precipitation from this system off shore hits us over the weekend. so tomorrow, we're looking at sunny skies after fridge morning. sunny skies in the south bay, high temperatures mid-50s. peninsula, mid-50s, 54 in san

mateo and redwood city. low to mid-50s on the coast. downtown san francisco, we'll see highs 53 tomorrow, 52 in the sunset district, up in the north bay, mid-50s. east bay, also mid-50s. the inland east bay will be cooler than that. low to mid-50s up to 53 in concord, and near monterey bay, milder weather, highs in upper 50s to almost 60 in locations there. sheer look at the accu-weather forecast. dry weather, milder weather, high temperatures edging up to 60 degrees on friday. over the weekend, a six of clouds and sun, just a slight showers sunday. mild weather continues into monday, tuesday, so 2013 i think is off to a good start. >> nice job. >> thank you. >> up next a progress report

on hillary clinton who continues to recover from a blood clot in the brain. >> mile high city living up to the its name. it was marijuana for some in denner and across colorado. >> checking traffic at the bay bridge toll plaza, starting to get a back up inb,wty[x

secretary of state hillary clinton remains in a new york hospital being treats forward a blood clot. doctors say she was lucky not to suffer a stroke or any newer roth cal damage. >> hillary clinton spending the first day of the new year in a hospital room being monitored by doctors after giving her blood thinners to break up a clot in her head. >> the goal to try to dissolve that clot so it go as way or doesn't get larger. >> the blood clot discovered on sunday. on new year's eve her doctors saying this scan revealed a

clot in a vain between the brain and the skull, behind the right here. abc's chief health editor says this is a set back. >> this is a much more serious than in the lelg. it's a large vain going along the side of the brain. it's i a potentially life threatening complication. >> the 65-year-old originally fell ill from a stomach virus. days later, she hit her head after fainting at home, suffering a concussion. this is the second time she had a blood clot n 1998 she was hospitalize td for a clot behind her right knee. >> she will likely have a big work up to see does she have a problem with bloot clothing in general f she does, they may have to be on medication for that. >> her doctors say she's making progress and will be released from the hospital

once they determine the dose of blood thinning medications that she needs. >> weight watchers reacting to news its new ambassador is pregnant in the midst of her $4 million deal with the company. weight watchers saying it couldn't be happier for jessica simpson and her family. the statement says she will not be trying to lose weight during pregnancy. there are reports she will work with weight watchers " child. with her fiancee. the first child born last may. >> just ahead a fender bender but a wing bender invfling a passenger jet. we're going to show you damage. >> new year, meaning new laws. we'll highlight some of the more unusual one autos awhen there is a done deal in washington, d.c., most americans will see paychecks shrink with the new year i'm laura anthony and will have a live report. >> one couple's fitness goal

that may inspire us to

much of the emphasis in washington, d.c. has been on income levels and which groups will pay more to the irs this year. >> there are another sets of taxes everybody is going see unless there is a last minute change in negotiation autos abc 7 news joins us live from walnut creek with that part of the story. laura? >> this production in payroll taxes passed in 2010 as a temporary measure to stimulate the economy. it's now expired and amid last minute negotiations there seems to be little interest in reviving something that affects nearly everybody.

>> everybody going to see more taxes. it's reality of it. you know? a louie is none too pleased about the impact a new year will likely have on the paycheck. >> it's extra money, you know? it's not going to end up in the pocketkry but with uncle sa. right now, he is not very efficient. the way they handle our money. you know? >> now, the 2013 social security payroll fax will go back up 2% from 4.2% of the past two years to 6.2%. that means person with $50,000 will pay $1,000 more than last year. >> i do know it's go fog affect me. i've been trying to save up to buy a house. so looking at how much it will be going up, i don't know if i'll able to afford a house as soon as i want to. >> it's gooding to be tough. we're scraping by. you know? it's paycheck to paycheck. and this is just going to make

it tougher for us. >> the tax would apply to maxes out at $2202. some worry, others told us they don't mind given where money goes. >> i don't promote higher taxes i promote lower taxes but if it has to happen and the community gets something out of it, it would be okay. >> and this tax increases is expected the pump as much as $125 billion into the federal budget, economists warn we can expect a similar reduction in consumer spending n walnut creek, abc 7 news. >> thank you. >> we have an update now on breaking news at point reyes. very sad update. the marin county fire department has located a body of a man washed out to see this afternoon near north

beach. they were just walking on the beach when a massive wave pulled them all into the ocean. people on the beach were able to rescue the woman and dog however, the swift current swept way the man and his body, we're told has been recovered about 15 minutes ago. we'll have a live report at 5:00. >> rough way to start the new year for sure. moving on, temperatures expected to drop below freezing in california's biggest farming region. the cold weather affecting many crops. some are benefiting from chilly temperatures. walnut growers are hoping the cold weather is here to stay.çv trees need 800 hours of temperatures below 45 degrees bean tween november and february. >> this is like a bear thatsq hibernates. tree doesn't get enough rest, the tree wakes up, cranky. does it not leaf out and bloom properly.

>> but, they can be harmed if temperatures fall too low. if you're wondering growers are watching with concern but have not seen any damage yet. >> washington is still realing from a report that sharply criticizes the state department for ignoring warnings about terror threats in benghazi. and u.s. ambassador chris stevens were killed in the attack in september. the report calls for a stronger military presence at u.s. facilities in high-risks areas. >> passengers had a bumpy landing last night. a sprint airlines jet clipped a parked u.s. airways plane. you can see damage done to the tail from this florida aviation department video. nobody was injured. u.s. airways plane parked in a remote area. aircraft will stay overnight.

this is now out of service for repairs and inspections. >> these first couples, seven couples exchanged vows in baltimore city hall. nine states and the district of columbia now allow same-sex marriages. but maryland is the first state southist masonzxbgt dixon line to allow gray gai marriage. >> colorado's law legalizing the recreational use of marijuana took place at midnight. a new type of business opened, smoke clubs like this one, there is no marijuana sold there. it's just an inpoor place for people to go to light up away from home. a representative says the business is legal, under the law. >> amendment 64 says you can

consume marijuana but just not in public this, is private. >> they said regulate like alcohol this, is where, you can come, hang out. and smoke instead of drink. >> police say they're waiting for the city attorney to speak up to give incut to see if the pot club is in violation of laws. around the nation there are a bunch of new laws. and one driven by silicon valley innovation. abc news scott goldberg with more. >> in california, 2013 comes with driverless cars allowed on the roads and highways. but though a computer is in charge a human still has to be in the passenger seat. californians can now use smart phones to prove they have insurance. >> what a wonderful thing. if you have insurance with you, we can have ourey5h driver's license on there. >> in tennessee, drivers older than 60 you nor required fof a photo on their autos get it

done anyways. why not get pick your made? >> in massachusetts they've outlaud plastic bottles. that. in illinois, a new law says if you pop a wheelly on a motorcycle speeding you can get slammed with a thousandelh÷ dollar fine. you'll northbound trouble if you possess, sell or distribute shark fin. in kentucky it's now against the law to release hogs into the wild, feral pigs have been a problem there. in wellington, kansas, the law now restricts number of cats allowed in one household. no more than four. scott goldberg abc news, new york. >> scientists say one common ingredient may be increasing our appetite. we'll have the story coming up. >> also, get a move on to boost immunity. doctors have advice before you hit the gym. >> in today's 7 on your side,

i'm still taking your questions on twitter and facebook. you can contact me on facebook.com and on twitter at m finney. i'll answer questions here, live a little later. >> and from sky 7 hd, near golden gate, a sunny, bright new year's day. it's going to be a frigid new year's night. i'll have the accu-weather forecast coming up. >> checking traffic now, new year's day on the golden gate bridge. it's sluggish. right hand side of the screen, slow coming into the city as well, probably everybody getting back from enjoying holidays. and facing a little bit of traffic as usual here in the bay area, stay with us, more still to come at 4:00.

checking healthy living news this afternoon chirngs having a tough time sleeping you might want to check the number of electronics in the rooms. a study finds children with to be overweight. canadian researchers at yurt of alberta say the risk of being overweight increases based on the number of devices such as tvs and game consoles in the room. and studies suggest fructose can trigger brain changes that may lead to overeating. a study found after drinking a

fructose beverage, the brain doesn't register the feeling of being full. researchers say consumption of the sugars has risen since 1970s along with obesity. >> research shows that exercise can help you fight cold and flu, but don't overdo it. accord tg a report in fitness magazine, moderate exercise can help increase immunity. but researchers warrant heavy exertion can worsen and prolong symptoms and advice you not to push to the point of being exhausted. >> speaking of exercising to exhaustion one couple made a extreme new year's resolution. listen to this, running a marathon every day this year. that is 365 marathons back to back to back and on and on. 26.2 miles, multiplied by 365,

adding up to? cases of advil, i don't know. grand parents say they're doing it to increase awareness about healthy living. >>a7?> 20 years ago i won't able to run one city block or 100 meters. since then, lost about 50 pounds. >> they're grandparents. they've finished first marathon of the year, they ran 50 marathons in 50 days in 2010, remarkable. if you made a resolution there are things you can do to make sure you reach the goal. first, try to make it realistic. create small goals then add to them. also, be specific. don't say i want to lose weight. set a goal. witness take 10 pounds, then, tell everybody bit. so you're likely to stick to the resolution if friends know what you're up to. >> year is too long. set a goal for a week two,

weeks. then, see how you're doing. have you to secretary a set back. get back on track. the goal is progress towards the goal. not perfection. >> write down your goal. put monthly goals on calendars every month to keep you motivated. did you make new year's resolutions? >> i did. i lost 15 pounds and kept it off. >> i make the same every year. be nicer to everybody in the newsroom, then, i -- ah, whatever. >> that is not going to happen. >> my resolution is to stay warm tonight. clear skies. it's going to get cold here. nationwide, cold weather, high temperatures reaching into 20s. high temperatures for tomorrow, we'll see rain down along the south atlantic coast into gulf coast and remainder of the nation tomorrow will be dry.

on we go to state of california. sunny skies tomorrow, from top to bottom and cool to mild conditions. so pleasant in january 2. state wide tomorrow, here in the bay area, up to a frigid overnight with lows dropping into 20s in north bay valley locations and low 30s into other locations. sunny skies tomorrow, and pleasantly cool tn conditions, high temperatures into mid-50s, from coast to the bay, to inland locations. so rather uniformed range of high temperatures tomorrow. and as i approach the end of the week, we'll see it getting milder. i'll show you what the sevenw/9v day looks like at 5:00. >> his resolution to gain weight. >> yes. trying to. >> drives us insane. actually. >> yes. >> thanks. >> all right. coming up next... >> does this look like a hangover cure to you? oh. we're going to dig into a post party meal. >> yes. should we ask? >> just in case you missed it,

a look at the fire works finale last night here in san ñ

michael finney is here answering questions, sent to him by face book, twitter and e mail. >> first question, vicky asks my account was hacked and contacts and e mails are gone and all contacts will people who get that e mail get hacked, too? >> they may. you need to make sure your pass word is changed right away. yahoo, they may be able to

restore the contakts for you. e mail everyone you know, explain you've been hacked. >> i just had a -- this happen to a friend of mine. really? mark said that? didn't know about that. >> colton w wants to know what happens if you÷) buy something broken, and the cash year does not give you a discount? >> well... let's see f you agree to buy it for a certain price, knowing it was broken, you made a contract saying you'd buy it for that price. if you get it home and figure it out, you can return it because that is not what it was you thought you were buying. you zront a contract for a broken item. >> right. >> how does every health insurer out there get my name, address and age? i'm about to turn 65 so they can flood me with mail solicitation autos isn't that obnoxious? birth indicate, name and

address are on credit reports. companies buy that information to market items to you. this is all but impock to keep it private. just like if you own a home, they get it at the court house. same thing. they just know name, age, were you live. just ignore it. you have to be off the grid to avoid those solicitations. >> right. >> you can say i don't want any that have information going out but it's a hassle. it's he easier to ignore it seems almost everybody has a sure fire cure for a newor's hangover, none as ambitious as what a man whipped up today. a giant, and i mean giant meatf÷ patty about to go into a 220 pound hamburger. this burger also includes fried eggs, bacon, and entire

barbecued chickens. by the time buns are added the alleged hangover burger measured at six and a half feet. you're asking why would i eat that? and secondly, how does it help? experts say fatty foods help absorb alcohol. >> he could finish it, but would die a short time later. >> yes, some celebrated new year, others made a clean get away. >> coming up, crowds kept police busy. thieves got to work in an apple store. how they pulled off this heist. >> also... four years later remembering oscar grant and issues raised by the shooting. >> and then, coming up at 5:00 a warning to consumers tonight. taking a look at the ways californians were targeted by conartists last year. >> a military surprise

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crews went into action after the ball drops in times square. 150 swept up nearly 50 tons of trash from confetti and balloons to party hats. it included 24 sweepers as well as 37 leaf blowers.ñ""w the project takes about 48 hours to complete. that is one million people filling times square to ring in 2013. >> and masked and armed thieves used the new year's eve part yes on the streets of paris as an opportunity to rob the flagship apple store there this, is the crowd that gathered in parris for the new year's eve festivities. four criminals raided apple store. this all happened whils while officers were patrolling. revelers were doing their thing, gathering on new year's

eve. thieves got away with 1.3 million in products. they reportedly entered by threatening a security guard at a back entrance. police say this probably was well planned. >> several dozen people turned out to pay crib yut to a man killed by a bart officer during a new year's eve anniversary this, is the fourth anniversary of the death of 22-year-old oscar grant. >> if you look, you can see the platform. today, i spoke with his mother, she tellsw;b@ that four years after the fact it hurts as much today as it did the day oscar died. she's hoping that a must movie coming up about the death of her son can help to change the way people feel about young black men and stereo type that's paint them as a danger.

>> drums mark the start of a demonstration to remember oscar grant and a rallying cry for an end to what she calls inequality. >> had it not been for the community on that platform that night, none of us would know who oscar grant is. >> his uncle is talking about eye witness video revealing more about the shooting than he, or anyone else knew. the death raised cave after this video made it's way to you tube urks seat officer holgd grant down with his hands behind his back, mehserle testified he intended to draw a taser and firing a gun was purely accidental. charges of racism were swift. >> it's a hurt prog ses when the killing was unnecessary. >> in 2010 a jury cleared the officer of all charges except

involuntary manslaughter. the judgment sparked more charges of racism as well as judicial inequality. >> i'm hopeful for that day that they'll see black is just as important as other nationalities. you can see from my son being murdered we didn't receive the same justice that other people would receive. >> his mother sayste9ht he hopea film set to premier in two weeks focuses on events that led toupt shooting, the death and the protest that's ignited passion autos it doesn't matter if today or 10 years ago, it's still your child. it still hurts. >> this sem straigs was peaceful. now, bart for their part said they'll continue to work with the familywçw>u to make sure its

safe to the of vigil peacefully. they had no comments beyond that. >> thank you very much. >> and thank you for joining us for abc 7 news at 4:00. i'm cheryl jenning autos if you happen to receive a new tablet computer or a snart phone, you can be connected through our apps. you can down load our alarm clock app and our abc 7 news app available for devices as well as ipad. abc 7 news at 5rk is next. >> a fiscal cliff deal is on hold. the offer that could saddle american was more debt. >> i'm spencer chris chichblt sunny new year's day followed by a frigid new year's day. and a couple walking their dog becomes the focus of a day long rescue effort.

>> that is a search in the north beach area of the point reyes national sea shomplt it wrapped up in last hour. good evening, everybody, happy new year. i'm larry beil. >> i'm cheryl jennings. the woman was rescued and her husband the subject of a water search. tonight, sadly that search has ended in tragedy. abc 7 news jones us. >> the sun goes down here, let's show how big the waves are here. these are not the sneaker waves as they call them. that is apparently what happened here, today, let's show you seens -- scenes earlier. this happened a little bit past noon. we're told he was out with his wife and daughter, what they called a sneaker wave came n it knocked the woman out to the water. they were able to rescue her.

they had a dog. the dog went out to greet her, then, things went really bad. >> and this sneaker wave came and knocked this lady. they were able to pull her out. another wave came z then, he was gone. >> and that search went on for the better part of the afternoon, finally they can d.locate the body. we do not have any identification yet on the name of the victim. neither the woman swept out to sea and rescued or her husband. we're told they were in their we know it has turned into a tragedy for a family hopefully, we'll have more information at 6:00. live at north beach in point reyes, abc 7 news. >> that is so